Fall 2002

Duke Law Journal Publishes Section Series on Bill of Rights

The Section’s Bill of Rights Project and the Duke University School of Law Journal of Law and Contemporary Problems recently teamed to produce a special edition of the journal devoted to Bill of Rights issues. Guided in its development by Duke law professor James E. Coleman, Jr., a former Section chair, and Jenner & Block partner Barry Sullivan, a former Section Council member, Enduring and Empowering: The Bill of Rights in the Third Millennium is a collection of articles on contemporary Bill of Rights issues by pre-eminent constitutional law scholars and practitioners. The articles grew out of a Section-sponsored series of 2002 ABA Annual Meeting programs entitled, "To Secure the Blessings of Liberty: The Bill of Rights and Core Constitutional Guarantees in the New Millennium."

In producing that series, the Section sought to prompt debate and foster increased understanding of the challenge to lawyers and the profession of keeping alive the promise of the Bill of Rights as protection for individuals in the modern age. Articles in Enduring and Empowering, the latest contribution to that effort, include:

  • "Rights in Conflict: The First Amendment’s Third Century," by Robert M. O’Neil, Director, Thomas Jefferson Center for the Protection of Free Expression at the University of Virginia;
  • "’Certain Fundamental Truths’: A Dialectic on Negative and Positive Liberty in Hate-Speech Cases," by W. Bradley Wendel, Assistant Professor of Law, Washington and Lee University;
  • "The First Amendment in a Time That Tries Men Souls," by Susan Gellman, Wolman, Genshaft & Gellman;
  • "Second Thoughts," by Akhil Reed Amar, Southmayd Professor of Law, Yale Law School;
  • "Telling Miller’s Tale: A Reply to David Yassky," by Brannon P. Denning, Assistant Professor of Law, Southern Illinois University, Carbondale and Glenn H. Reynolds, Professor of Law, University of Tennessee, Knoxville;
  • "The Fourth Amendment in the Twenty-First Century: Technology, Privacy, and Human Emotions," by Andrew E. Taslitz, Professor, Howard University School of Law;
  • "The Treaty of Nice: Arming the Courts to Defend a European Bill of Rights?" by Liz Heffernan, Barrister-at-Law, Lecturer in Law, University College, Dublin, Ireland;
  • "Post-Communist Charters of Rights in Europe and the U. S. Bill of Rights," by Wojciech Sadurski; and
  • "The Bill of Rights and the Emerging Democracies," by Jacek Kurczewski, Vice Dean and Chair of Sociology of Custom and Law, Institute for Applied Social Sciences, University of Warsaw, and Barry Sullivan, Partner, Jenner & Block, Chicago, Ill.

To obtain a copy of Enduring and Empowering, contact Michael Pates, Director, Bill of Rights Project (tel.: 202/662-1025; e-mail: Michael.Pates@americanbar.org).

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